PLANNING & ENVIRONMENT COURT APPEAL NO. D44 of 2025 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR FOOD AND DRINK OUTLET AND SHORT-TERM ACCOMMODATION AT 203 - 207 GYMPIE TERRACE, NOOSAVILLE · ATTACHMENT 3 - (MCU24/0074) - PLANNER'S REPORT 17 MARCH 2025

               GENERAL COMMITTEE MEETING REPORT                                                    17 MARCH 2025


                      a.      located not less than 2 metres from a property boundary;
                      b.      fully enclosed or screened such that they are not visible from the street frontages nor
                              adjoining properties. Where screened by landscaping, landscaping beds must be at
                              least 1.5 metres wide.
               19.    No part of the site may be used for outdoor storage of materials.
                      Amenity
               20.    The operation of the approved use must not detrimentally affect the residential amenity
                      (including but not limited to noise, amplified music, overlooking, light spill or odour) enjoyed
                      by surrounding residents or cause a nuisance, including a noise nuisance.
               21.    The premises must not be used as a party house, with no events, functions or parties (e.g.
                      bucks parties, hen’s parties, raves, or wedding receptions for example) permitted on site.
               22.    The use must be operated in accordance with the Local Law requirements for Short stay
                      letting at all times.
               23.    Service vehicle movements associated with non-residential uses on the premises (including
                      loading and unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday
                      and not at all on Sundays or public holidays. The requirements of this condition must be
                      included in the Community Management Statement for any body corporate for the subject
                      site.
               24.    Communal outdoor recreation facilities including swimming pools, spas and sports courts are
                      not to be used between the hours of 10:00 PM and 6:30 AM the following day.
                      Noise
               25.    Written certification is required from a suitably qualified person confirming that sound
                      pressure levels from all mechanical plant and equipment comply with the following:
                      a.      Air-conditioning and Refrigeration
                                  i.    7am to 10pm: Maximum level allowable = background + 5dB(A)
                                 ii.    10pm to 7am: Maximum level allowable = background + 3dB(A)
                      b.      Pumps, Service Room
                                  i.    7am to 7pm: Maximum level allowable = background + 5dB(A)
                                 ii.    7pm to 10pm: Maximum level allowable = background + 3dB(A)
                                iii.    10pm to 7am: No audible noise.
               26.    The certification must be submitted to Council, which certifies that operational noise from any
                      fixed plant and equipment complies and with the requirements of this Decision Notice.
                      Lot Amalgamation
               27.    All separate, adjoining lots that form part of this application shall be amalgamated into one
                      undivided allotment in accordance with the Plan of Survey submitted for registration at the
                      Land Titles Office. Proof of title being issued for the amalgamated lot shall be submitted to
                      Council prior to the issue of the Development Permit for Building Works.
                      Easements
               28.    Prior to Council issuing a Development Permit for Operational Works, demonstrate that the
                      terms and conditions of the existing easements registered against the titles of Lot 2 on
                      RP138699, Lot 1 on RP161212 and any other relevant parties are not contrary to the
                      increase in vehicle type and volume proposed as part of the development.



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Document Set ID: 23659553
                   23546364
Version: 1,
         20,Version
             VersionDate:
                     Date:27/03/2025
                           12/03/2025